Fla. Admin. Code Ann. R. 62-673.600 - Closure of Phosphogypsum Stacks
(1)
Applicability. Rules 62-673.600 -.650, F.A.C., are
applicable to all existing phosphogypsum stack systems, active or inactive,
except those closed or required to be closed under a Department permit or
pursuant to a consent order in effect before 3-25-93. These rules also apply to
all construction permit applications for new phosphogypsum stack
systems.
(2) By September 21, 1993,
owners or operators of inactive phosphogypsum stack systems shall submit a
closure permit application to the Department on Form 62-673.900(3), Application
for Permit to Close a Phosphogypsum Stack System, effective 3-25-93, which is
adopted and incorporated herein by reference. This form may be obtained by
contacting the appropriate district office or by writing the Department of
Environmental Protection, Bureau of Mining and Minerals Regulation, Phosphate
Management Program, 13051 North Telecom Parkway, Temple Terrace, Florida
33637-0926. The application shall include a closure plan as specified in Rule
62-673.610, F.A.C.
(3) By December 29, 2005, owners or operators
of phosphogypsum stack systems shall submit general plans and schedules for
closure of its phosphogypsum stack systems. This requirement shall not apply to
systems that are closed, are undergoing closure, or for which an application
for a closure permit has been submitted as of July 2, 2005. The general plans
and schedules shall include:
(a) A
description of the physical phosphogypsum stack system configuration as of the
end of its useful life;
(b) A
site-specific water management plan describing the procedures to be employed
during closure of the system to manage the anticipated volume of process
wastewater in accordance with Chapters 62-620, 62-672, and 62-673, F.A.C. The
plan shall address the management, treatment, and disposal of ponded and pore
process wastewater, both during closing activities and long-term
care;
(c) An estimate of all costs
associated with closure of the system, including the costs of closing,
long-term care, and implementation of the site-specific water management plan,
in accordance with subsection
62-673.640(2),
F.A.C.; and,
(d) A description of
all construction work necessary to properly close the system in accordance with
Rule 62-673.610,
F.A.C.
(4) Applicants for
construction permits for new phosphogypsum stack systems or lateral expansions
of existing systems shall include in the application general plans and
schedules for closure of the facility, and shall comply with Rule
62-673.640, F.A.C.
(5) At least 90 days before the deactivation
of a phosphogypsum stack system, the owner or operator shall submit a closure
permit application including a closure plan to the Department to comply with
Rule 62-673.610, F.A.C. For purposes
of this rule, a phosphogypsum stack system is considered inactive when it is no
longer receiving phosphogypsum and when the owner or operator does not intend
to, and in fact does not, deposit any significant quantity of phosphogypsum
there within one year.
(6) The
owner or operator of a phosphogypsum stack system may request in writing a
determination by the Department that the provisions of subsection (5), of this
rule, shall not apply, and shall request approval of a temporary deactivation
of the phosphogypsum stack system on a yearly basis. The Department shall
authorize by order each temporary deactivation approved for an individual
phosphogypsum stack system in accordance with this subsection or shall deny by
order the request for such approval. Each request shall set forth at least the
following information:
(a) The specific
phosphogypsum stack system or phosphogypsum stack for which approval is
sought;
(b) A demonstration that
current economic conditions justify a temporary deactivation of the
phosphogypsum stack system;
(c) An
estimate of the duration of the temporary deactivation of the phosphogypsum
stack system, and a demonstration that the stack system is reasonably expected
to become active within this estimated time period; and,
(d) A description of the measures to be taken
to assure that the phosphogypsum stack system will pose no significant threat
to the public health and the environment during the temporary
deactivation.
Notes
Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS.
New 3-25-93, Formerly 17-673.600, Amended 1-16-97, 7-2-05.
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